July 25, 2005
In resolving a choice of laws issue, rather than utilizing the fine tools of the 1st Restatement of Conflicts, Interest Analysis, or the 2nd Restatment, I propose this, the Realistic Approach for judges to apply:
- Identify the conflicting laws.
- Decide which state’s law you would like to use.
- Justify it (using any number of factors, contacts, and interests).
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